VOL. XIV, no. 05; February 2008, week 1
Posted : February 01, 2008

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"We know your immigration matters!" ^SM

The MurthyBulletin is the eNewsletter on immigration from the Murthy Law Firm. The information provided is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Murthy Law Firm. Full Disclaimer available.
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TOPICS in this Edition of the MurthyBulletin :

1. DHS Regulation on State-Issued IDs and Drivers' Licenses

2. CIS Ombudsman Releases Q/As on New Naturalization Test

3. Congressional Hearing on Naturalization Delays

4. 2008 Poverty Guidelines Released

5. Announcement : Murthy Teleconference Series - Wednesday, Feb 6, 2008
Topic : H1B Cap Season - Fiscal Year 2009

6. MurthyDotCom : Did You Know about Our Citizenship Section?

7. Important Processing Times and Dates

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Engaging the Murthy Law Firm : Our office can conveniently and efficiently represent clients located anywhere in the United States or abroad on U.S. immigration matters.

Consultations with attorneys at the Murthy Law Firm : You may contact our office to schedule a one-time paid consultation with no further obligation. A scheduled consultation with an attorney at the Murthy Law Firm provides you with details and recommendations based on the specific facts of your case. This will help you with making the right decisions based on the legal options and strategies available.

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1. DHS Regulation on State-Issued IDs and Drivers' Licenses
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The U.S. Department of Homeland Security (DHS) released a final rule on January 11, 2008 regarding the minimum standards for state-issued drivers' licenses and identification cards. At the time of this writing, the final rule is available on the DHS WebSite and should soon appear in the Federal Register. DHS Secretary Michael Chertoff held a press conference on the matter, remarking on the importance of REAL ID compliant drivers' licenses and identification cards. A key goal of this federal directive is to minimize ID theft "by a criminal or illegal alien." States technically are free to opt out of the federal program to bring these documents into compliance. Without a compliant document, however, the resident of such a state would not be able to board a commercial airplane or walk into a federal building using the noncompliant state-issued driver's license.
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REAL ID to Protect Identity, Stop Terrorist Activity, Reduce Illegal Employment
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The DHS indicated in the press release and at the press conference that the need to institute REAL ID compliant drivers' licenses is due to "the problems that Americans face from document fraud" that are "diverse and growing." Identification theft crimes increased by almost 800 percent between 2000 to 2006. The agency estimates that, of those cases, fraudulent drivers' licenses were used 35 percent of the time. The new and enhanced drivers' licenses are designed to protect the identity of innocent citizens and other individuals lawfully present in the United States.
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The urgent need for a unified and secure form of identification is supported by the report issued by the 9/11 Commission. This report specifically stated that "secure identification is an essential way of ensuring that people are who they say they are." All but one of the hijackers used a government-issued form of ID to board the planes used in the terrorist attacks in the United States on 9/11. With the new form of secure ID, this may become more difficult.
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In addition to protecting identity, the new drivers' licenses are allegedly going to protect legal workers and U.S. employers from illegal employees who use fraudulent documents to obtain employment in the U.S.
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States to Incorporate Information and Security Features in REAL ID
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To comply with the new federal requirement, states will need to institute proper mechanisms to assure that information and security features are incorporated into the cards. They will need methods in place to check that the identity of each person applying for a driver's license is established. They will also need to verify the source documents provided by an applicant. Offices that issue licenses and ID cards will have to be properly secure, as well.
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Timeline for States to Comply with New Regulation
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By May 2008, each state needs to opt into the federal program to bring state-issued drivers' licenses into compliance with REAL ID. The first deadline is December 31, 2009, by which time states must upgrade the security of their license systems "to ensure that illegal aliens cannot obtain REAL ID licenses." All state residents under the age of 50 must be enrolled into the new system by December 1, 2014. For those over the age of 50, the deadline is extended to December 1, 2017. It was noted by one in attendance of the press conference that such a lengthy delay in implementing the federal regulation does not seem to reflect the true urgency of the need for new and enhanced drivers' licenses. Secretary Chertoff responded that the implementation timeline had to incorporate the states' needs and realistic financial and other considerations involved in instituting newly mandated procedures in a timely and appropriate manner.
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Conclusion
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It is not yet known if any states will be unwilling or unable to follow the new federal directive to bring their drivers' licenses into compliance with REAL ID. More on this important topic will be known after May 2008, when the states must opt into this program. MurthyDotCom and MurthyBulletin readers will be updated on any new developments, as information becomes available.
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Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved

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2. CIS Ombudsman Releases Q/As on New Naturalization Test
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The Citizenship and Immigration Services (CIS) Ombudsman's Office has released a series of Questions and Answers (Q/As) on the new naturalization test. The questions are based on eMail messages sent to the CIS Ombudsman by interested persons. The answers provide clarity on the procedures and requirements surrounding the new test. As announced in our October 5, 2007 MurthyBulletin article, USCIS New Naturalization Test and Eligibility for Waivers, available on MurthyDotCom, the USCIS will start administering the new naturalization test on October 1, 2008. Those who apply for naturalization before that date will be given an option to choose between the old and the new test. Individuals applying on or after October 1, 2008, will be required to take the new naturalization test.
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Older Applicants May Be Eligible for Simpler, Modified Test
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The USCIS clarified that the new test guidelines did not change the regulations that allow testing exemptions based on age and time as a permanent resident. Individuals who are 65 years of age or older on the date of filing the application, and who have lived in the U.S. for at least 20 years as Lawful Permanent Residents (LPRs), are eligible to take a simpler version of the civics examination in the applicant's language of choice. The modified test contains 20 possible questions as opposed to the 100 possible questions from which 10 questions are randomly selected on the test. The 20 questions are among the 100 questions (PDF 341KB) available to the general public as a study guide. They are designated by asterisks (*). Individuals who are eligible for this exception should watch for a USCIS announcement confirming the contents of the modified test.
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Eligibility for Testing in a Language of Choice
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Applicants eligible to take a simplified civics test may take it in a language they choose. There also are two other groups of applicants who may select the language, but not the content, of the test. The first is individuals 50 years old or older who have been LPRs for at least 20 years. The second is individuals who have been LPRs for at least 15 years and who are 55 years old or older on the date of the filing. This is in accordance with the current regulations providing exceptions for some applicants from the English language proficiency requirements. Those who are eligible and choose to take the test in a language other than English must bring an interpreter to the naturalization interview.
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Reading & Writing Vocabulary for New Test Now Available
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The new reading and writing portions of the English language test will focus on civics and history. The USCIS has released the reading vocabulary (PDF 165KB) and the writing vocabulary (PDF 165KB) for both portions of the test. As before, applicants will be provided with up to three chances to correctly read and write a sentence in English.
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Conclusion
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The new naturalization test has taken several years to be fully developed, tested, and implemented. According to the USCIS, it will provide a more objective and fair testing of an individual's civics and English language knowledge and skills, while concentrating on the topics of civics and history. The new test also retains important exceptions for those who are unable to fully prepare for the standard test based on age and other factors.
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Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved

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3. Congressional Hearing on Naturalization Delays
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A congressional hearing took place January 17, 2008, the subject of which was Naturalization Delays: Causes, Consequences and Solutions. Held before the U.S. House of Representatives Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law, the list of witnesses included: Emilio T. Gonzalez, Director U.S. Citizenship and Immigration Services (USCIS); Arturo Vargas, Executive Director of National Association of Latino Elected and Appointed Officials (NALEO) Educational Fund; Fred Tsao, Policy Director of Illinois Coalition for Immigrant and Refugee Rights (ICIRR); and Rosemary Jenks, Director of Government Relations of Numbers USA. While all of the panel participants agreed that the USCIS is experiencing significant delays in adjudicating naturalization applications, their views on possible causes and solutions varied. Following is a short summary of the opinions expressed in the testimonies provided by noteworthy witnesses.
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USCIS on Causes and Solutions of N-400 Delays - Testimony of Director Gonzalez
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Mr. Emilio T. Gonzalez, Director of USCIS, testified before members of the Subcommittee that the average processing time for naturalization applications has increased from seven months or less to approximately 18 months. While acknowledging the problem of the increased waiting time, Mr. Gonzalez did not address any additional problems that have plagued the USCIS adjudication process that also apply to naturalization applications. Specifically, there was no mention of the FBI name check delays that have stalled many applicants' cases for several years. Based on the situation, as presented by Mr. Gonzalez, the USCIS case-processing delays have their origin almost exclusively in the unprecedented surge of filings made in the summer of 2007 alone. Having established this as a primary cause for the delays, Mr. Gonzalez spoke in general terms about longer processing times, not just with regard to naturalization applications, but to all other applications and petitions that the USCIS has to process. As Mr. Gonzalez indicated, the USCIS plans to hire more adjudication officers and ask existing staff to work overtime to shorten the adjudication and receipting process. The USCIS also will make improvements to technological processes and equipment.
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Testimony of Other Experts Reveals N-400 Delays as Complex Problem
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While other panelists agreed with the general proposition that the USCIS is experiencing problems, they looked much deeper into the cause of delays in naturalization and in other adjudication in general. Mr. Vargas of NALEO Educational Fund, for example, pointed out that "the demand for naturalization assistance has persisted even after the late-July 2007 fee increase" that prompted many applicants to apply while the old fees were in effect. Some applicants also decided to apply for naturalization because of the USCIS proposed regulation that would require all "green card" holders (lawful permanent residents) with cards that do not bear an expiration date to apply for new cards by a specified deadline. Mr. Vargas also acknowledged "lengthy and unfair delays," caused by FBI failure to complete background checks. He criticized the USCIS for failing to provide a system to shorten processing times "soon enough."
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Mr. Fred Tsao, of the ICIRR, joined Mr. Vargas in addressing the "name-check limbo." He expressed his hope that the USCIS and the FBI will spend the $20 million in funds provided to these agencies in this year's omnibus appropriations bill to address the name check delays.
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Ms. Rosemary Jenks, of Numbers USA (a restrictionist group), criticized the USCIS for its "streamlining efforts" in the past. She predicted that, if the USCIS hired more people in a short period of time, it would be "approving applications at break-neck speed," jeopardizing the system's integrity and security.
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Conclusion
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MurthyDotCom and MurthyBulletin readers will recall earlier articles on the naturalization and FBI name check delays, including DHS Indicates It Will Expedite FBI Name Checks (Dec 7, 2007). Delays in the processing of naturalization applications affect people in many ways. This interferes with an individual's ability to participate fully in the civic life of American society, such as the presidential elections slated for November 2008. The latest Congressional hearing is a positive development, showing our legislators' intent to address the problem of naturalization delays. Further developments will be reported to MurthyDotCom and MurthyBulletin readers, as they become available.
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Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved

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4. 2008 Poverty Guidelines Released
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Federal poverty guidelines are issued on an annual basis by the U.S. Department of Health and Human Services (HHS) and effect the "public charge" provisions in immigration cases. The guidelines for 2008 have been issued, effective from January 23, 2008. Modified annually, the guidelines are based upon changes in the Consumer Price Index. They are used to measure the sufficiency of a sponsor's income when filing Form I-864, the Affidavit of Support, primarily on various family-based applications. It is also applicable to visa issuance from abroad for family members.
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Financial Issues Applicable Primarily in Family-Based Immigration Cases
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The Form I-864, Affidavit of Support, is required in family-based immigration cases, with very limited exceptions. It is also required in employment-based immigration cases if the employer is related to the individual who is being sponsored. This is to assure that the sponsored foreign national will have proper financial support and will not become a public charge. The affidavit of support must demonstrate income levels of at least 125 percent of the applicable poverty level.
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Poverty Guidelines in the U.S.
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The income required varies according to the number of family members. If the sponsor has previously filed I-864s for other individuals, and has an ongoing obligation, this also is taken into account. When the sponsor's income is not sufficient, there can be alternatives. These include consideration of assets, as well as utilizing an additional, joint sponsor with more financial wherewithal. Case specific matters with regard to the affidavit of support and its requirements can be discussed with an immigration attorney.
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The 2008 poverty guidelines are as follows. The requirement for the affidavit of support is 125 percent of the poverty line.